Attachment A
Draft Resolution and Findings
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The Project shall be in substantial conformance with the approved site plan, floor plans, landscape plan, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). Minor changes to the approved development may be approved by the Community Development Director, pursuant to Newport Beach Municipal Code Section
20.54.070 (Changes to an Approved Project). By way of example, a change to the number of stories of a unit (e.g., three-story product, etc.), floor plan redesign, and change to offered square footage ranges would be considered minor changes provided the project was within the allowed height limit, and in compliance with the Objective Design Standards and density range under the Housing Opportunity (HO) Overlay Zoning District.
2. Any substantial modification to the approved Site Development Review plans, as determined by the Community Development Director, shall require an amendment to this Site Development Review application or the processing of a new application.
3. The Project is subject to compliance with all applicable submittals approved by the City of Newport Beach (“City”) and all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval
4. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this approval.
5. This Major Site Development Review shall expire and become void unless exercised within seven years from the date of approval of Resolution No. PC2025-__ to coincide with the expiration of Vesting Tentative Tract Map No. 19396 as provided in Condition No. 16.
6. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits.
7. The proposed residential development shall consist of 27 townhome, condominium units. The number of condominium units may be reduced by the Applicant provided the total number of units meets the 20 to 50 dwelling units per acre density requirement under the HO Overlay Zoning District.
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8. The maximum height of the residential structures shall be 48 feet as measured from the established grade. No building or any portion of structure, architectural feature or mechanical equipment shall exceed 48 feet.
9. The on-site residential amenities including the outdoor picnic area and firepit lounge area as illustrated on the approved plans shall be provided and maintained for the duration of the Project. The exact mix of amenities may be modified from the original approved plans subject to the approval by the Community Development Director. The Project shall maintain at least 75 square feet of common open space per dwelling unit on the Project Site as required by the HO-4 subarea. The square footage of on-site resident-serving amenities shall not be reduced so that the development no longer provides 75 square feet of common open space per dwelling unit
10. The residential structure shall be attenuated to provide an interior noise level of 45 dBA CNEL or less pursuant to Section 10.26.030 (Interior Noise Standards) of the NBMC. Use of walls, berms, interior noise insulation, double paned windows, advance insulation systems, or other noise mitigation measures, as deemed appropriate by the City shall be incorporated in the design of the new residential structure to provide adequate noise attenuation.
11. The Applicant shall comply with all applicable provisions of NBMC Chapter 15.38, Fair Share Traffic Contribution Ordinance, and Chapter 15.42, Major Thoroughfare and Bridge Fee Program. Prior to the issuance of a building permit, Fair Share Traffic Fees and Transportation Corridor Agency fees shall be paid for the Project at the fee assessed at the time of payment.
12. The Applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA). In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of Native Birds pursuant to MBTA:
A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active.
Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area.
B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active 35-22
nest is found, 2 or 1 short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active.
13. Prior to the issuance of a building permit, the Applicant shall pay applicable school fees for the Project.
14. Prior to the issuance of a building permit, the Applicant shall pay applicable property development tax as required pursuant to NBMC Chapter 3.12 (Property Development Tax) for the Project.
15. A preliminary application for residential development, filed as PA2025-0056, was deemed submitted on April 7, 2025 for this Project. The preliminary application prevents the Project from being subject to any City ordinances, policies, and standards adopted after the date of submission, except as specified in Government Code Section 65589.5(o). The Applicant shall provide an in-lieu park dedication fee pursuant to Chapter 19.52 (Park Dedication and Fees), as required for park and recreational purposes in conjunction with the approval of this VTTM.
Therefore, the Project will be subject to an in-lieu park fee of $38,400 per unit which is the fee that was in effect at the time the preliminary application was deemed submitted.
16. Prior to the issuance of any certificate of occupancy, the developer shall pay all applicable Development Impact Fees (DIFs) in accordance with the adopted fee schedule.
17. Vesting Tentative Tract Map No. 19396 shall expire seven years from the date of approval of Resolution No. PC2025-012. Pursuant to Section 19.16.010(A) (Expiration of Tentative Maps (California Government Code Sections 66452.6, 66463.5)) of the NBMC, an approved tentative tract map expires 24 months after the date of its approval or conditional approval. Under Section 19.16.020(A) (Extension of Tentative Maps (California Government Code Sections 66452.6, 66463.5)) of the NBMC, the subdivider shall have the right to request an extension of the map for up to five years. The subdivider has submitted an application for an extension of Vesting Tentative Tract Map No. 19396 and has requested that the extension be granted after the Planning Commission adopts Resolution No PC2025-012; thus, providing for an initial term of the vesting tentative tract map of 24 months, followed by extension of five years, for a total term of seven years from the date of approval of Resolution No. PC2025-012.
18. Prior to the issuance of a building permit, an access easement on the adjacent property (APN No. 458-361-02) shall be recorded to provide the Project access to Ford Road.
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19. Pursuant to NBMC Section 20.49.1210 (Removal of Telecom Facilities), the Applicant shall inform the Community Development Director by certified mail no less than 30 days prior to abandonment or discontinued use of a telecom facility.
20. Any future proposed wireless telecommunication facilities, including but not limited to the relocation of the existing wireless telecommunications monopole, shall conform with Chapter 20.49 (Wireless Telecommunication Facilities) of the NBMC.
21. Prior to the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought-tolerant planting and water-efficient irrigation practices, and the plans shall be approved by the Planning Division.
22. The Project shall include landscaping around the perimeter of the Project Site to adequately screen drive aisles, parking areas, and create a visual buffer between the public right-of-way and the Project. These plans shall be approved by the Planning Division.
23. The covenants, conditions and restrictions (CC&Rs) shall require that garages be used for vehicles and shall prohibit storage of personal items that would otherwise impede parking of vehicles within the required garage spaces. The CC&Rs shall prohibit residents from parking in guest parking spaces within the development and shall prohibit any parking within the parking lot in the Bonita Canyon Sports Park.
24. All landscape materials and irrigation syst ems shall be maintained by the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing, and trimming. All landscaped areas shall be k ept free of weeds and debr is. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance.
25. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.
26. Prior to the issuance of a building permit, the Applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Division.
The survey shall show that lighting values are “1” or less at all property lines.
27. Prior to the issuance of Final Certificate of Occupancy, the Applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified in conditions of approval.
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28. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards) and 10.26.030 (Interior Noise Standards), and other applicable noise control requirements of the NBMC.
29. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday.
30. Prior to the issuance of a building permit, the Applicant shall submit a construction management plan to be reviewed and approved by the Community Development, Fire and Public Works Departments. Upon approval of the plan, the Applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan.
31. The exterior of the development shall be always maintained free of litter and graffiti.
The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
32. All trash bins shall be stored within each residential unit and screened from the view of neighboring properties, except when placed for pick-up by refuse collection agencies. The Applicant shall ensure that the trash receptacles are maintained to control odors. The Applicant shall ensure that the trash bins are maintained to control odors. This may include the provision of periodic steam cleaning of the trash bin, if deemed necessary by the Planning Division. Cleaning and maintenance of trash bins shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements).
33. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division.
34. The Project shall comply with all applicable mitigation measures within the General Plan Housing Implementation Program (“GPHIP”) Program Environmental Impact Report (“PEIR”) Mitigation Monitoring and Reporting Program ("MMRP") as specified within Attachment A of the CEQA Consistency Memorandum prepared by T&B Planning, Inc., dated June, 2025.
35. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current property owner or leasing agent.
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36. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Ford Road Townhomes including, but not limited to, Major Site Development Review (PA2025-0049). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition.
Building Division
37. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required before the issuance of a building permit.
38. Exterior wall and opening protection shall comply with Chapter 705 of California Building Code (CBC).
39. The applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard. • Pave or apply water four times daily to all unpaved parking or staging areas. • Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material.
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• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off-road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours. • Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. • Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10% soil moisture content in the top 6-inch surface layer, subject to review/discretion of the geotechnical engineer.
40. Prior to the issuance of a grading permit, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project applicant will provide the city with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project’s impact on water quality.
41. Before the issuance of a grading permit, the applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Division and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices 35-27
(BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur.
42. A list of “good housekeeping” practices will be incorporated into the long-term post- construction operation of the site to minimize the likelihood that pollutants will be used, stored, or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of waste or spills, limited use of harmful fertilizers or pesticides, and the diversion of stormwater away from potential sources of pollution (e.g., trash receptacles and parking structures).
The Stage 2 WQMP shall list and describe all structural and non-structural BMPs.
In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.
Real Property Administrator
43. Prior to the issuance of a building permit, the Applicant shall enter into a license agreement, easement or similar agreement approved by the City Attorney with the City for points of access across the City property.
44. Points of access to the City property shall not be used for code required path of travel or accessible route.
45. The City reserves the right to redevelop City property and remove one or more points of access to City property.
46. Bonds are required prior to construction if any work is to occur on City Property.
47. Prior to issuance of a building permit, the Applicant shall update plans to ensure runoff remains onsite or connects to a drain in the public right-of-way, subject to the satisfaction of the Community Development Director.
Public Works Department
48. Warranty Bond for a minimum of 10% of the engineers cost estimate (final percentage to be determined by the Public Works Director) shall be released 1- year after the improvements have been accepted.
49. All improvements shall be constructed as required by Ordinance and the Public Works Department.
50. An encroachment permit shall be required for all work activities within the public right-of-way.
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51. Prior to the issuance of a building permit, the final construction management plan (CMP) shall be reviewed and approved by the Community Development Director and the City Traffic Engineer.
52. Parking layout shall comply with the City Parking Lot Standard 805. Dead-end drive aisle in public areas shall provide a dedicated turn around space and minimum 5-foot drive aisle extension.
53. The Applicant shall reconstruct all existing broken and/or otherwise damaged curb, gutter and sidewalk along the Ford Road frontages per City Standards.
54. All deliveries and move-ins/move-out shall be accommodated on-site and prohibited from parking or stopping within the public right-of-way.
55. The on-site sewer and water system is planned to be a public system. Final Design of the water and sewer services is subject to further review by the Public Works Department during plan check. The public sewer and water system shall be designed according to the City of Newport Beach standards. All applicable sewer and water easements shall be dedicated to the City as part of the Tract Map.
56. The Project storm drain system shall be privately owned and maintained. The storm drain system shall be prohibited from discharging to the adjacent City lots and shall be redesigned accordingly. Prior to the issuance of a building permit, the final hydrology and hydraulic report shall be reviewed and approved. Any required improvements to downstream City infrastructure to accommodate the proposed project shall be designed and constructed by the proposed project.
57. The parking layout and gate operation within Lot 5 shall be subject to further review and approval by the Public Works Department.
58. All improvements shall comply with the City’s sight distance requirements per City Standard 105.
Fire Department
59. Onsite fire hydrants shall be required and a fire underground plan submittal complying with the 2022 National Fire Protection Association (NFPA) Standard 24 shall be a required as a deferred submittal.
60. Residential fire sprinklers complying with the 2022 NFPA Standard 13R shall be required.
61. Waterflow monitoring systems complying with the 2022 NFPA Standard 72 shall be required.
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62. Fire master plan complying with the Newport Beach Fire Department (NBFD) Guideline D.08 shall be required as a deferred submittal.
63. Fire rescue opening and laddering pads complying with NBFD Guideline C.05 shall be required.
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Objective Design Standards Checklist
Community Development Department
Planning Division
100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949) 644-3204
www.newportbeachca.gov
Disclaimer: This checklist is intended to help ensure compliance with Section 20.48.185 (Multi-Unit Objective Design Standards) of the Newport Beach Municipal Code (NBMC). It does not include all design and development standards from other sections of the NBMC, planned community development plans, or any overlay zoning district; however, compliance with all applicable standards is still required. If you have questions on which standards apply to your project, please contact a planner at 949-644-3204.
Name of applicant: ______________________________________________________________________ Date: _________________________________________________________________________________ Project Address: ________________________________________________________________________ Project Application # (City staff to fill out) _____________________________________________________ Development Type:
Multi Family Unit Residential
Mixed Use Development
Project Site Context (check all that apply)
Situated adjacent to existing residential development
Situated next to existing commercial development
Situated adjacent to designated historical structure
Other ____________________________________________
20.48.185
Objective Design Standards
Checklist Items
Applicant
Evaluation
Staff
Evaluation
Yes No N/A Yes No N/A Drawing
Reference
A. General Standards
1: Multi-unit development orientation
a. Development color scheme (8+ buildings)
b. Development color scheme (30+ buildings)
c. Pedestrian walkways and linkages
d. Architectural variety and features
e. Structured parking visibility
f. Corner lot loading docks/service areas
g. Parking facility entrances
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Ford Road Ventures LLC
April 17, 2025
1650 & 4302 Ford Road, Newport Beach, CA 92660 (APNs 458-361-10 & 458-361-02) PA2025-0049
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2: Mixed-use buildings orientation
a. Commercial unit entrances
b. Residential unit entrances
B. Orientation
1. Orientation to primary public street
2: Screening of parking areas
3: Multi-unit projects across from single-family
4: Building arrangement for outdoor space
C. Parking Standards
1: Parking compliance with NBMC 20.40.070
a. Parking lot placement
b. Landscaped area
2: Residential garages
a. Street facing garage door
i. Consistent garage and building architecture
ii. Arbor or other similar feature
3. Parking structures and loading bays
a. Shielding of parked vehicles
b. Minimize blank concrete facades
D. Common Open Space (C.O.S)
1: Common recreation area requirement
2: Residential entry distance from C.O.S.
3: Pedestrian walkway connection points
4: Open space location
5: Usable open space grade
6: Seating and lighting
E. Recreation Activities
1: Play area location and visibility
2: Senior housing areas of congregation
3: Recreational amenities per unit count
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Evaluation
Staff
Evaluation
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Reference
F. Landscaping
1: Min. 8% of total site landscaped
2: Landscaping materials
a. Ground cover
b. Nonliving decorative landscaping
c. Turf areas for recreation
3: Landscaping and irrigation
G. Frontage Types and standards
1: Storefronts
a. Ground floor elevation location
b. Entrance using one of given methods
c. Windows and/or glass doors coverage
d. Upper floor facade window coverage
e. Floor to floor height (15 ft)
f. Awnings or marquees min/max height
2: Live work/office fronts
a. Ground floor elevation location
b. Entrance for ground floor tenant
c. Entrance for upper floor tenants
d. Ground floor facade coverage
e. Upper-level facade coverage
f. Ground floor to ceiling height
g. Awnings or marquees min/max height
h. Setbacks
3: Residential fronts
a. Ground floor elevation
i. Garage length of building facade
ii. Entrance for ground floor tenants
iii. Entrance for upper-floor tenants
iv. Ground and upper floor facade coverage
v. Setbacks
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Reference
H. Walls and Fences
1: Community perimeter and theme walls
2: Wall materials
3. Wall style conformance with architecture
4. Exterior perimeter wall depth
I. Utilities
1: Utility locations and placement
2: Mechanical equipment screening (if needed)
3: Utility rooms (if feasible) for certain equipment
a. If not feasible, incorporated into design
J. Private Street Standards
1: Private street right-of-way width
a. Without on-street parallel parking (41 ft)
b. With on-street parallel parking (50 ft)
2: Private street zones
a. Street zone (SZ) design standards
b. Sidewalk zone(SWZ) design standards
c. Landscaping and paving zone (LPZ) design
standards
K. Private Driveway Zones
1: Private driveway right-of-way (dimensions)
2: Driveway zones
a. Driveway zone (DZ)
b. Landscape and paving zone (LPZ)
L. Publicly Accessible Open Space (PAOS) Standards
1: Required PAOS
2: Site area calculations
3. PAOS Design Standards
a. PAOS minimum width
b. PAOS access
M. Façade Modulation Standards
1: Density and building typology
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N. Vertical Modulation
1: Components
a. Base
b. Middle
c. Top
2: Changes in facade material and/or color
a. Banding
b. Floor heights
c. Fenestration
d. Cladding material
3. Additional vertical modulation standards
a. First floor height
i. Density less than 30 units/acre
ii. Density greater than 30 units/acre (residential
only)
iii. Density greater than 30 units/acre (commercial
units on ground floor)
b. Vertical variation
i. Density less than 30 units/acre
ii. Density greater than 30 units/acre
O. Horizontal Modulation
1: Building standards for developments with density of less than 30 units/acre a. Maximum building length
b. Required minimum modulation area
c. Minimum depth
d. Maximum number
2: Building standards for developments with density of 30 units/acre or greater a. Maximum facade length
b. Required minimum modulation area
c. Minimum depth
d. Minimum width
e. Maximum number
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Deviation Req.
Deviation Req.
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P. First Floor Opening and Transparency Standards
1: Building standards for development with density less than 30 units/acre a. Minimum opening standard
2: Building standards for development with density of 30 units/acre or more a. Minimum opening standard
i. For any at-grade or above-grade first floor unit
fronting a street or paseo
ii. For any mixed-use multi-unit building with a
first-floor commercial use fronting a street,
courtyard, or paseo
Q. First Floor Entry Standards
1: Individual residential unit entrances
a. Residential front door standards
i. Minimum entry sidewalk width
ii. Entry stoop, terrace and patio area
2: Lobby Entrances
a. Location standards and accessibility
i. Sidewalk entry width
ii. Entry landing area
iii. Prohibited primary entries
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